The Contract Between Agency And Client is essential for establishing professional service relationships in the Belgian market. This document is typically used when a company (the client) seeks to engage a specialized agency for professional services, such as marketing, consulting, or digital services. The agreement, governed by Belgian law and compliant with EU regulations, covers crucial aspects including service definitions, payment terms, intellectual property rights, confidentiality, and data protection. It's particularly important in the Belgian context where business relationships are heavily regulated and GDPR compliance is mandatory. The document serves both parties by clearly defining their respective obligations, risk allocation, and the framework for their ongoing business relationship while ensuring alignment with Belgian commercial practices and legal requirements.
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1. Parties: Identification and details of the Agency and Client, including registered addresses and company registration numbers
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty
4. Scope of Services: Detailed description of services to be provided by the Agency to the Client
5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination
6. Fees and Payment Terms: Pricing structure, payment schedule, invoicing details, and late payment consequences
7. Agency's Obligations: Key responsibilities and commitments of the Agency
8. Client's Obligations: Key responsibilities and commitments of the Client
9. Intellectual Property Rights: Ownership and usage rights of created works and pre-existing materials
10. Confidentiality: Protection of confidential information exchanged during the business relationship
11. Data Protection: GDPR compliance and data handling procedures
12. Liability and Indemnification: Limitation of liability and indemnification obligations
13. Force Majeure: Provisions for unforeseen circumstances preventing performance
14. Governing Law and Jurisdiction: Confirmation of Belgian law application and dispute resolution procedures
1. Non-Competition: Restrictions on Agency working with Client's competitors - include when exclusivity is required
2. Service Level Agreement: Specific performance metrics and standards - include for technical or ongoing services
3. Change Control: Process for managing changes to services or deliverables - include for complex projects
4. Insurance: Required insurance coverage - include for high-risk or high-value services
5. Personnel: Key personnel commitments and replacement procedures - include when specific staff are crucial
6. Audit Rights: Client's right to audit Agency's work - include for regulated industries or complex projects
7. Warranties: Specific warranties for services or deliverables - include for technical or creative services
8. Exit Assistance: Transition support upon termination - include for critical business services
1. Schedule 1 - Services Description: Detailed specification of services to be provided
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Service Levels: Performance metrics and measurement criteria
4. Schedule 4 - Key Personnel: List of key Agency staff assigned to the Client
5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms
6. Appendix A - Project Timeline: Delivery schedule and key milestones
7. Appendix B - Technical Requirements: Technical specifications and requirements
8. Appendix C - Approved Subcontractors: List of pre-approved subcontractors if applicable
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